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Messages in topic: Magelos Displaying Copyrighted Art
Fureya
Registered User

Nbr post: 3
Register: 5/26/05
Posted: 10/1/07, 1:58 AM

What is magelo's take on magelos that display copyrighted art? Do we report them? Ignore them? Who is the artist to contact when their work has been ripped off?
Minadin
Registered User

Nbr post: 69
Register: 1/18/03
Posted: 10/6/07, 12:18 PM

As far as I know, as long as the copyrighted artwork isn't being used for a commercial venture to make money, such as a player auction or something similar, the use of the image would fall under fair use and wouldn't be illegal.

As far as 'who' the artist would be to contact, I would think that would vary from image to image . . .

Akael
Registered User

Nbr post: 18
Register: 8/12/07
Posted: 10/7/07, 5:28 AM

First up, just because it isn't making you money doesn't mean it's acceptable under the majority of Fair Use laws, to the best of my knowledge (I do not specialize in international law, however, and I only know this statement is true as regards all fair-use laws and conventions that I am aware of internationally.) It certainly isn't the case under the Berne Convention.

Display of copyrigted images (that you do not own the copyright to) is explicitly forbidden in the TOS for this website (which is overall a rotten piece of draconian work, by the way,) but no information is given regarding where or how to report violations - and their enforcement from what I've seen is apathetic at best. Depending on the company hosting the image, you may or may not have some luck reporting it to them.

There is unfortunately no way to contact the creators of profiles on the site, so unless you can perhaps find them in-game, your only recourse is probably going to be legal action if the Magelo team is unwilling to intervene on your behalf.
Yaxa
Registered User

Nbr post: 176
Register: 11/25/01
Posted: 10/7/07, 11:15 AM

Technically, the vast majority of profiles that have either a background image or background music are in violation of the ToS, since the requirement of owning "all intellectual property rights" to anything you use is completely unrealistic.

Yaxa Brightmoon
Arch Arcanist of Maelin Starpyre
ASPePeX
Registered User

Nbr post: 15
Register: 7/29/03
Posted: 10/11/07, 7:45 PM

Well EQ is copyrighted so we are all doomed!

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Patience is the key!